(Repealed by Weld County Code Ordinance 2013-10)

For the purposes of this Article V, certain terms or words used herein shall be interpreted as defined in Section 23-1-90.

(Weld County Code Ordinance 2004-5; Weld County Code Ordinance 2019-02)

In order to carry out the provisions of this Chapter, there are hereby created and established certain zones which include all of the land lying beneath the APPROACH SURFACES, TRANSITIONAL SURFACES, HORIZONTAL SURFACES and CONICAL SURFACES as they apply to the GREELEY-WELD COUNTY AIRPORT. Such zones are shown on the GREELEY-WELD COUNTY AIRPORT Airspace (FAR Part 77 Surface), being Exhibit IV of the document entitled, "Airport Master Plan," dated December 15, 2003, a copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive HEIGHT limitation. The various zones are hereby established and defined as follows:

A.

Utility Runway Visual Approach Zone: The inner edge of this APPROACH ZONE coincides with the width of the PRIMARY SURFACE and is two hundred fifty (250) feet wide. The APPROACH ZONE expands outward uniformly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY.

B.

Runway Larger Than Utility Visual Approach Zone: The inner edge of this APPROACH ZONE coincides with the width of the PRIMARY SURFACE and is one thousand (1,000) feet wide. The APPROACH ZONE expands outward uniformly to a width of one thousand five hundred (1,500) feet at a horizontal distance of five thousand (5,000) feet from the PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY.

C.

Precision Instrument Runway Approach Zone: The inner edge of this APPROACH ZONE coincides with the width of the PRIMARY SURFACE and is one thousand (1,000) feet wide. The APPROACH ZONE expands outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY.

D.

Transitional Zone: The TRANSITIONAL ZONES are the areas beneath the TRANSITIONAL SURFACES.

E.

Horizontal Zone: The HORIZONTAL ZONE is established by swinging arcs of five thousand (5,000) feet radii for all RUNWAYS designated utility or visual and ten thousand (10,000) feet for all others from the center of each end of the PRIMARY SURFACE of each RUNWAY and connecting the adjacent arcs by drawing lines tangent to those arcs. The HORIZONTAL ZONE does not include the APPROACH and TRANSITIONAL ZONES.

F.

Conical Zone: The CONICAL ZONE is established as the area that commences at the periphery of the HORIZONTAL ZONE and extends outward therefrom a horizontal distance of four thousand (4,000) feet.

(Weld County Code Ordinance 2004-5; Weld County Code Ordinance 2019-02)

Except as otherwise provided in this Chapter, no STRUCTURE shall be erected, altered or maintained, and no TREE shall be allowed to grow, in any Greeley-Weld County Airport Zone described in Section 23-5-20 to a HEIGHT in excess of the applicable HEIGHT herein established for such zone. Such applicable HEIGHT limitations are hereby established for each of the zones in question as follows:

A.

Utility Runway Visual Approach Zone: Slopes of twenty (20) feet outward for each foot upward, beginning at the end of and at the same elevation as the PRIMARY SURFACE and extending to a horizontal distance of five thousand (5,000) feet along the extended RUNWAY centerline.

B.

Runway Larger Than Utility Visual Approach Zone: Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the PRIMARY SURFACE and extending to a horizontal distance of five thousand (5,000) feet along the extended RUNWAY centerline.

C.

Precision Instrument Runway Approach Zone: Slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the PRIMARY SURFACE and extending to a horizontal distance of ten thousand (10,000) feet along the extended RUNWAY centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of forty thousand (40,000) feet along the extended RUNWAY centerline.

D.

Transitional Zone: Slopes seven (7) feet outward for each foot upward beginning at the sides of, and at the same elevation as, the PRIMARY SURFACE and the APPROACH SURFACE, and extending to a HEIGHT of one hundred fifty (150) feet above the AIRPORT ELEVATION which is four thousand six hundred ninety (4,690) feet above MEAN SEA LEVEL. In addition to the foregoing, there are established HEIGHT limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the APPROACH SURFACE, and extending to where they intersect the CONICAL SURFACE. Where the PRECISION INSTRUMENT RUNWAY APPROACH ZONE projects beyond the CONICAL ZONE, there are established HEIGHT limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the APPROACH SURFACE, and extending a horizontal distance of five thousand (5,000) feet measured at ninety-degree angles to the extended RUNWAY centerline.

E.

Horizontal Zone: Established at one hundred fifty (150) feet above the AIRPORT ELEVATION or at a HEIGHT of four thousand eight hundred forty-seven (4,847) feet above MEAN SEA LEVEL.

F.

Conical Zone: Slopes twenty (20) feet outward for each one (1) foot upward beginning at the periphery of the HORIZONTAL ZONE and at one hundred fifty (150) feet above the AIRPORT ELEVATION and extending to a HEIGHT of three hundred fifty (350) feet above the AIRPORT ELEVATION.

(Weld County Code Ordinance 2004-5 of this Code; Weld County Code Ordinance 2019-02)

Notwithstanding any other provisions of this Division, no USE may be made of land or water within any zone established by this Division in such a manner as to create electrical interference with navigational signals or radio communication between the GREELEY-WELD COUNTY AIRPORT and aircraft, make it difficult for pilots to distinguish between GREELEY-WELD COUNTY AIRPORT lights and others, result in glare in the eyes of pilots using the GREELEY-WELD COUNTY AIRPORT, impair visibility in the vicinity of the GREELEY-WELD COUNTY AIRPORT, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the GREELEY-WELD COUNTY AIRPORT.

(Weld County Code Ordinance 2019-02)

A.

Regulations not retroactive. The regulations prescribed in this Division shall not be construed to require the removal, lowering or other change or alteration of any STRUCTURE or TREE not conforming to the regulations as the effective date of the ordinance codified herein, or otherwise interfere with the continuance of a NONCONFORMING USE. Nothing contained herein shall require any change in the construction, alteration or intended USE of any STRUCTURE, the construction or alteration of which was begun prior to the effective date of the ordinance codified herein, and is diligently prosecuted.

B.

Marking and lighting: Notwithstanding the preceding provision of this Section, the owner of any existing NONCONFORMING STRUCTURE or TREE is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Greeley-Weld County Airport Authority to indicate to the operators of aircraft in the vicinity of the GREELEY-WELD COUNTY AIRPORT the presence of such OBSTRUCTION. Such markers and lights shall be installed, operated and maintained at the expense of the Greeley-Weld County Airport Authority.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2019-02)

Any person desiring to erect or increase the HEIGHT of any STRUCTURE, permit the growth of any TREE or USE property not in accordance with the regulations prescribed in this Division may apply to the Board of Adjustment for a VARIANCE from such regulations under Section 23-6-10.A. The application for VARIANCE shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

(Weld County Code Ordinance 2019-02)

Within the COUNTY there are areas subject to unstable geologic conditions which may cause serious damage to properties and may endanger the safety of residents in such areas. The imprudent USE and occupation of these areas will pose a continuing danger to life and property, unless appropriate land USE measures are implemented.

The purpose and intent of the Geologic Hazard Overlay District regulations shall be to:

A.

Minimize hazards to public health and safety or to property in GEOLOGIC HAZARD AREAS.

B.

Promote safe USE of GEOLOGIC HAZARD AREAS.

C.

Reduce the adverse impact of GEOLOGIC HAZARDS on life and property by:

1.

Requiring land USES permitted in GEOLOGIC HAZARD AREAS to be protected from GEOLOGIC HAZARDS by providing for GEOLOGIC HAZARD investigation and the mitigation of the adverse impacts of GEOLOGIC HAZARDS at the time of initial construction.

2.

Regulating the manner in which STRUCTURES designed for human occupancy may be constructed so as to prevent danger to human life or property within such STRUCTURE.

D.

Protect the public from the burden of excessive financial expenditures caused by damage from GEOLOGIC HAZARDS by regulating land USES within GEOLOGIC HAZARD AREAS.

(Weld County Code Ordinance 2019-02)

The regulation of a GEOLOGIC HAZARD AREA by the Overlay regulations does not constitute an affirmation by the COUNTY that lands outside the regulated area as defined on maps adopted by the Board of County Commissioners will be free from the GEOLOGIC HAZARD.

(Weld County Code Ordinance 2019-02)

The soils report submitted with the building permit application shall include geotechnical recommendations stamped by a registered engineer and shall be submitted to the Building Department along with the building permit application. The study shall specify that the foundation and STRUCTURE design are appropriate for the specific site. No certificate of occupancy shall be issued until the Building Official is satisfied that the STRUCTURES have been constructed in compliance with the geotechnical recommendations.

(Weld County Code Ordinance 2019-02)

Editor's note— Weld County Code Ordinance 2019-02, adopted July 10, 2019, amended § 23-5-130 in its entirety to read as herein set out. Former § 23-5-130, pertained to uses permitted.

There is hereby established in the COUNTY a Geologic Hazard Overlay District.

A.

The Geologic Hazard Overlay District includes land which is within a GEOLOGIC HAZARD AREA. The Colorado Geological Survey (CGS) and US Geological Survey (USGS) jointly developed a digital map delineating coverages based on previous studies pertaining to the location and distribution of abandoned underground coal mines in the Boulder-Weld coal field north and northwest of the Denver metropolitan area.

B.

The regulated areas delineating the Extent of Abandoned Coal-Mine Workings and Locations of Mine Shafts, Adits, Air Shafts, and Faults, as amended, is available in electronic format for public inspection at the USGS webpage portal. Weld County GIS monitors this electronic link for amendments and provides electronic access to this information through the County GIS portal. Where there is a conflict between the boundary lines illustrated on the map and the actual field conditions, the disputes shall be settled according to Article VI of this Chapter.

(Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2019-02)

There are unincorporated areas of the COUNTY which were partitioned by subdivision plat recorded prior to the adoption of the Subdivision Regulations Resolution by the Board of County Commissioners on September 20, 1961. It is recognized that in such platted areas it is desirable to provide procedures for orderly development which balance the property owner's interest in developing property within the subdivision plat with the public's interest in attaining the purposes set forth in Section 24-1-30 of this Code.

(Weld County Code Ordinance 2018-03)

The purpose and intent of the HISTORIC TOWNSITE Overlay District regulations shall be to:

A.

Provide procedures to allow for DEVELOPMENT of property within a HISTORIC TOWNSITE consistent with the purposes set forth in Section 24-1-30 of this Code.

B.

Assure proper location and operation of compatible land uses by maintaining land use regulations within HISTORIC TOWNSITES.

C.

Maintain the rural character of HISTORIC TOWNSITES.

D.

Encourage infill of existing vacant platted LOTS within HISTORIC TOWNSITES.

(Weld County Code Ordinance 2018-03)

All USES permitted within the underlying zone district shall be permitted within HISTORIC TOWNSITES, subject to the requirements of this Division 5.

(Weld County Code Ordinance 2018-03)

A.

Building permits. The COUNTY will not issue a building permit for any STRUCTURE located within a HISTORIC TOWNSITE that enters the SETBACK or OFFSET established for the underlying zone district, or extends over LOT lines. A building permit application within a HISTORIC TOWNSITE shall require submission of a plot plan. No building permit shall be final, nor shall any certificate of occupancy be provided until an Improvements Location Certificate (ILC) is submitted. COUNTY staff shall verify that all STRUCTURES were constructed in substantial compliance with the plot plan. To obtain a building permit for a DWELLING UNIT in a HISTORIC TOWNSITE, the applicant must show the following:

1.

The water supply is adequate in terms of quality, quantity and dependability. Wells on individual LOTS are permitted with well permits issued by the Colorado Division of Water Resources, when PUBLIC WATER is not reasonably available to the property.

2.

Adequate sewer or septic service is available to serve the uses permitted. The sewer service shall comply with the requirements of the applicable zone district and the Weld County Department of Public Health and Environment (WCDPHE).

3.

Access is or can be made available that provides for safe ingress and egress to a public road. All accesses shall be constructed in accordance with the requirements set forth in this Code.

4.

Construction of all internal roads of the HISTORIC TOWNSITE may only occur pursuant to a Right-of-Way Use Permit issued by the Department of Public Works in accordance with this Code, to ensure positive drainage and to avoid conflicts regarding location of utilities.

5.

The LOT is at least two and one-half (2.5) acres in size with an individual well and Onsite Wastewater Treatment System (OWTS), or at least one (1) acre in size with a PUBLIC WATER supply and OWTS. A building permit for a LOT within a HISTORIC TOWNSITE which is smaller than two and one-half (2.5) acres in size on an individual well and OWTS or smaller than one (1) acre in size on a PUBLIC WATER supply may be approved by the COUNTY upon a review and determination by the WCDPHE that the LOT is capable of adequately accommodating the individual well and OWTS, as applicable. For the review by the WCDPHE, the applicant must provide:

a.

A soils evaluation noting soils type in concurrence with the On-site Wastewater Treatment System (OWTS) regulations set forth in Chapter 30 of this Code;

b.

A plot plan/site plan noting proposed well locations (both onsite and on adjacent properties);

c.

Proposed septic system locations and any other applicable setbacks, such as property lines, irrigation ditches, water bodies, water lines, easements and right-of-way, dwellings, cut banks, dry gulches, and intermittent water bodies;

d.

As requested by the WCDPHE, a master site plan of the HISTORIC TOWNSITE showing locations of wells and septic systems or a site plan showing locations of wells and septic systems on adjacent properties within the HISTORIC TOWNSITE; and

e.

If requested by the WCDPHE, a septic envelope and/or well envelope.

6.

As a condition of approval of a building permit within a HISTORIC TOWNSITE, the applicant shall be required to obtain an approved Road Access Permit, pursuant to the provisions set forth in this Code. Application for a Road Access Permit to a resubdivided LOT within a HISTORIC TOWNSITE shall include acknowledgement by the applicant that:

a.

The platted STREET or road of the HISTORIC TOWNSITE from which access is sought will not be maintained by the COUNTY unless it is brought up to the standards and authorized for maintenance as set forth in this Code.

b.

Access from the HISTORIC TOWNSITE onto a State Highway requires the issuance of an access permit by the Colorado Department of Transportation, which may also require the applicant to obtain a traffic study.

B.

Resubdivision.

1.

Resubdivision within a HISTORIC TOWNSITE may be necessary to combine LOTS, change interior LOT lines, incorporate vacated RIGHTS-OF-WAY into LOTS, vacate property from a HISTORIC TOWNSITE, vacate RIGHTS-OF-WAY, or create additional LOTS, subject to the requirements of Chapter 24, Article IX of this Code and this Division 5.

2.

In addition to the requirements and procedures for resubdivision provided in Chapter 24, Article IX of this Code, the following statement shall be included as a note on the resubdivision plat of property located within a HISTORIC TOWNSITE:

Historic Townsites are an important part of Weld County's history, culture, and economy. These subdivisions were created in the late 19th and early 20th centuries. Persons moving into Historic Townsites must recognize and accept there are potential drawbacks in Historic Townsites that may not be present in modern subdivisions, including concerns related to stormwater drainage, water supply limitations, setbacks between wells and septic systems, road access, and road maintenance. Weld County does not maintain internal roads within Historic Townsites unless expressly authorized by resolution of the Board of County Commissioners.

C.

NONCONFORMING STRUCTURES. To the extent that it does not meet the requirements of this Division 5, any STRUCTURE for which the COUNTY has issued a final building permit or certificate of occupancy, located on any LOT or group of LOTS deeded together within a HISTORIC TOWNSITE, shall be considered a NONCONFORMING STRUCTURE. Without resubdividing, the owner of a NONCONFORMING STRUCTURE within a HISTORIC TOWNSITE may receive building permits for the following, as long as such work does not extend into the SETBACK or OFFSET and does not cross LOT lines:

1.

Repairs, restorations or additions to such STRUCTURE, as long as such repairs, restorations or additions comply with the requirements of Section 23-7-40 of this Code, or;

2.

Construction of ACCESSORY BUILDINGS that comply with the ACCESSORY USE requirements of the underlying zone district.

Alternatively, the property owner may apply for resubdivision of the property in accordance with Chapter 24, Article V of this Code, and then may apply for building permits.

(Weld County Code Ordinance 2018-03; Weld County Code Ordinance 2019-18; Weld County Code Ordinance 2021-09)

There is hereby established in the COUNTY a HISTORIC TOWNSITES Overlay District. The HISTORIC TOWNSITES Overlay District includes all land which is located within a HISTORIC TOWNSITE.

(Weld County Code Ordinance 2018-03)

A.

The I-25 Overlay District is hereby established. The area within the I-25 Overlay District is depicted on the map in Appendix 23-H.

B.

Any DEVELOPMENT within the I-25 Overlay District area that requires COUNTY approval of the following land use processes shall be required to comply with this Division 6, Article V, Chapter 23:

1.

Site Plan Review (including amendments to existing Site Plan Reviews).

2.

Use by Special Review (including major amendments to existing Uses by Special Review).

3.

Special Review Permit for MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES (including major amendments).

4.

Zoning Permit under Division 17, Article IV, Chapter 23, excluding second SINGLE-FAMILY DWELLING.

(Weld County Code Ordinance 2020-15)

A.

The purpose of the I-25 Overlay District is to provide standards for new DEVELOPMENT that:

1.

Are consistent and uniform,

2.

Promote economic development in the area by enhancing the appearance from roadways, and

3.

Mitigate impacts of new DEVELOPMENT on ADJACENT properties.

(Weld County Code Ordinance 2020-15)

A.

Design criteria.

1.

LANDSCAPES shall utilize the following principles for efficient use of water:

a.

Well-planned and approved planting schemes.

b.

Appropriate selection of drought-tolerant turf species to minimize water needs and the use of water-hungry species of turf.

c.

Mulch to reduce evaporation.

d.

Zone plant groupings according to its microclimatic needs and water requirements.

e.

Improvement of the soil with organic matter, if needed.

f.

Efficient irrigation design.

g.

Proper maintenance and irrigation scheduling.

2.

Landscaping plans shall consist of a variety of species, and landscape designers shall strive to maximize the use of native species. Where native material is not appropriate for the intended use or appearance, plant species that are regionally adapted and noninvasive shall be used. A partial list of plant materials that are native or adapted to Colorado's Front Range is included in Appendix 23-I.

3.

The following plant materials shall not be included in the landscaping design:

a.

Cotton-bearing cottonwood (Populus).

b.

Siberian elm (Ulmus pumila).

c.

Chinese elm (Ulmus parvifolia).

d.

Tree of Heaven (Ailanthus altissima).

e.

NOXIOUS WEEDS.

4.

BUILDINGS and PARKING LOTS shall be located to preserve and promote the health of existing trees. The applicant shall be responsible for locating and preserving, where feasible, all individual trees of four-inch caliper or larger in size (measured six (6) feet above the surrounding ground) and massed groups of three (3) or more smaller trees. Before construction, the following precautions shall be taken to preserve quality trees:

a.

The applicant shall submit to the Department of Planning Services a detailed Landscape Plan delineating the existing and proposed trees, shrubs, groundcovers, and natural features, such as rock outcroppings and other landscaping elements. The Plan shall show where landscaping exists or will be located, along with planting and construction details. Where existing plantings are to be retained, the applicant shall include in the plans proposed methods of protecting the plantings during construction.

b.

The applicant shall demonstrate to the Department of Planning Services that the maximum possible landscaping was preserved or relocated through the DEVELOPMENT process.

5.

Whenever the USE of the property to be developed or redeveloped will conflict with the USE of adjoining property, there shall be an opaque planted screen between the two (2) properties. The screen shall moderate the impact of noise, light, aesthetic concerns, and traffic.

6.

Fescue, brome/fescue, or other turf types shall be used in lieu of bluegrass where heavy foot traffic is not anticipated.

7.

LANDSCAPED areas shall be configured to maximize interconnectivity within the site to natural areas and landscaped areas within existing or future adjacent DEVELOPMENT. Small isolated islands of landscaping, except as required in PARKING LOTS and for screening along roadways, shall be avoided. Open space shall be provided where significant natural features exist.

B.

Landscaping requirements for parking lots.

1.

At least ten percent (10%) of the area of a PARKING LOT shall be landscaped if the PARKING LOT contains ten (10) or more spaces. PARKING LOTS with fewer than ten (10) parking spaces shall include landscaping on at least five percent (5%) of the PARKING LOT area. At least seventy-five percent (75%) of the required LANDSCAPE area shall include living plant material. Generally, every tenth (10th) parking space should be delineated with a planting island. Trees planted in PARKING LOTS shall be either in bays or planting islands of at least five (5) feet by five (5) feet. Trees should be distributed throughout the parking area; however, they shall be placed so they do not obstruct visibility for cars and pedestrians.

2.

Berming and shrub or tree planting shall be used to screen PARKING LOTS from view of the ADJACENT STREETS/ROADS. Berms may vary in height, depending on location and proximity of existing trees, but shall have smooth transitions from the top of the curb to the SETBACK line so as to not create snow traps. Grading of berms shall not be lumpy or abrupt.

3.

Landscaping techniques shall be used to alleviate the harsh visual appearance that accompanies PARKING LOTS. At least seventy-five percent (75%) of the length of the frontage of the PARKING LOT must be effectively SCREENED.

4.

Loading, service, or storage areas shall be SCREENED with an opaque screen that is an integral part of the BUILDING architecture. Chain-link fencing with slats, fabric, or pallets is not an acceptable screening material. Plant material shall be used to soften the appearance of the screen.

C.

Landscaping requirements along roadway corridors.

1.

Plantings along roadways shall be integrated with the landscaping of the rest of the site.

2.

A minimum LANDSCAPE SETBACK in accordance with Table 23.5 below shall be included, to be measured from the existing or future RIGHT-OF-WAY at right angles to the STREET/ROAD towards the interior of the LOT. The LANDSCAPE SETBACK shall include five (5) shrubs (minimum size of five-gallon container) plus either one (1) shade tree with a minimum two-and-one-half-inch-caliper (measured six (6) feet above the surrounding ground) or one (1) coniferous tree with a minimum height of six (6) feet for every forty (40) feet of STREET/ROAD frontage. A mix of coniferous and deciduous trees and shrubs shall be clustered or grouped to avoid straight lines, with a maximum distance of one hundred (100) feet between trees or groupings. The effectiveness of the screening along I-25 and State Highway 119 shall be increased by planting trees and shrubs in layered beds (two (2) or more rows of plant material rather than a single row). No parking, storage, fencing, or other STRUCTURES shall be permitted within the LANDSCAPE SETBACK.

Table 23.5
I-25 Overlay District Landscape Setbacks

D.

General landscaping standards.

1.

Heavy equipment shall be kept at least five (5) feet from tree drip lines to prevent tree roots from being damaged.

2.

Required plantings shall have been grown in accordance with proper horticultural practice, shall be healthy, well-branched, vigorous stock with a growth habit normal to the species and variety, shall be free of diseases, pest infestation, or damage, and shall conform to the standards set by the American Association of Nurserymen.

3.

All required landscaping shall be irrigated. The Department of Planning Services may approve the use of a temporary irrigation system for plants that can survive without irrigation once established.

4.

Soil in areas intended for plantings shall first be amended in order to loosen compacted soil, improve the viability of plantings, and reduce the amount of watering required.

5.

Rock mulch or gravel shall not be placed within two (2) feet of required trees.

6.

Landscaped areas shall be maintained by the owner/tenant of the property, including landscaped areas within the adjacent RIGHT-OF-WAY unless an owners association assumes this obligation. Maintenance shall include, but not be limited to, irrigating, mowing, pruning, removal of trash and weeds, and replacement of any required plantings that become diseased, infested, or otherwise unhealthy.

7.

Required landscaping shall be installed within one (1) calendar year of issuance of a building permit or commencement of USE, whichever occurs sooner. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the landowner.

(Weld County Code Ordinance 2020-15)

Located within the A (Agricultural) Zone are properties listed on the National Register of Historic Places and recognized by resolution of the Board of County Commissioners of Weld County as "Agricultural Heritage Sites." Agricultural Heritage Sites may be owned by private citizens, private corporations or by non-profit corporations. The National Register of Historic Places listings recognize that the Agricultural Heritage Sites have historic significance typically because of a long and unique history of agricultural activities having taken place thereon. The Board of County Commissioners finds that Agricultural Heritage Sites must be preserved for future generations and not be subject to eminent domain proceedings brought by Weld County intending to acquire rights-of-way for road improvements, unless such acquisitions are agreed to by the owners of the Agricultural Heritage Sites.

(Weld County Code Ordinance 2020-16)

The purpose and intent of the Agricultural Heritage Overlay District shall be to preserve and protect Agricultural Heritage Sites located in the A (Agricultural) Zone and listed on the National Register of Historic Places from eminent domain proceedings brought by Weld County to acquire rights-of-way for road improvements, unless such acquisitions are agreed to by the owner(s) of the Agricultural Heritage Sites.

(Weld County Code Ordinance 2020-16)

There is hereby established in the Weld County A (Agricultural) Zone an Agricultural Heritage Overlay District. The Agricultural Heritage Overlay District includes all lands which have been listed on the National Register of Historic Places because of their long and unique history of agricultural activities having taken place thereon and which have been designated as Agricultural Heritage Sites by resolution(s) of the Board of County Commissioners.

(Weld County Code Ordinance 2020-16)

All USES permitted within the A (Agricultural) Zone District as Uses by Right, Accessory Uses, permitted uses (ZPAG's), or Uses by Special Review (USR's) shall be permitted on an Agricultural Heritage Site.

(Weld County Code Ordinance 2020-16)

For a property located in the A (Agricultural) Zone which is listed on the National Register of Historic Places to come within the Agricultural Heritage Overlay District and thereby authorized to take advantage of the protections detailed in Section 23-5-550, below, it must be designated as an Agricultural Heritage Site by resolution of the Board of County Commissioners.

(Weld County Code Ordinance 2020-16)

Agricultural Heritage Sites within the Agricultural Heritage Overlay District shall not be subject to eminent domain proceedings by Weld County to acquire rights-of-way for road improvements, unless such acquisitions are agreed to by the owner(s) of the Agricultural Heritage Sites.

(Weld County Code Ordinance 2020-16)